P.Muthukumar v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.5512 of 2022 and Crl.MP.No.3016 of 2022 P.Muthukumar Son of Palanisamy .. Petitioner/Accused No.2 .Vs.

1.The State of Tamil Nadu Rep.by the Inspector of Police Erode South Police Station Erode, Erode District.

..Respondent/Complainant 2.S.Daniel Dhinakaran Assistant Engineer Idayankattuvalasu Section TNEB, Erode.

..2nd respondent/de facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in F.I.R.No.149 of 2020, on the file of the respondent police and quash the same only insofar as it relates to the petitioner. For Petitioner : Mr.K.Selvaraj For Respondents : Mr.A.Gopinath Government Advocate (Crl. Side) for R1

ORDER

This criminal original petition has been filed to quash the FIR in Crime No.149 of 2020, pending investigation on the file of the 1st respondent. 2.Mr.K.Selvaraj, learned counsel for the petitioner and Mr.A.Gopinath, learned Government Advocate (Crl. Side) for R1.

3.The case of the prosecution is that A1, who is a driver of the Vehicle had transported gas cylinders and he is said to have driven in a rash and negligent manner and as a result, the electric pole of the transformer was completely damaged since the vehicle dashed on the transformer. Thereby, a loss to the tune of nearly Rs.14.95 lakhs was caused to the Electricity Department. 4.The petitioner is only the owner of the Vehicle and he has been made vicariously liable for the negligence committed by the driver of the Lorry. Such vicarious liability cannot be attributed for IPC offences. The law on this issue is too well settled. Therefore, the continuation of the investigation as against the petitioner (A2) will amount to an abuse of process of law. If at all compensation has to be recovered, independent proceedings will have to be initiated and it cannot be done by registering a criminal case against the owner of the Vehicle. 5.In the light of the above discussion, the FIR in Crime No.149 of 2020, on the file of the 1st respondent is hereby quashed insofar as the petitioner (A2) is

concerned. The 1st respondent is directed to proceed further to file a final report insofar as A1 is concerned.

6.In the result, this criminal original petition is disposed of in the above terms. Consequently, connected miscellaneous petition is closed. 04.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp To 1.The Inspector of Police Erode South Police Station Erode, Erode District.

2.S.Daniel Dhinakaran Assistant Engineer Idayankattuvalasu Section TNEB, Erode.

3.The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH, . J.

kp Crl.O.P No.5512 of 2022 04.9.2023